Terms and conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.

Scope and applicability

1.1 These Terms and conditions apply to your purchase of products sold in the Netherlands by Plenom A/S. You agree to these terms and conditions by placing your order.

Offer, confirmation and acceptance

2.1 All prices, offers and descriptions given on this Site or to which this Site refers, are made based on availability and do not represent an offer. Up to the time when we explicitly accept your order (in the manner described below), your order may be withdrawn or reviewed at any time.

2.2 Although we make every effort to ensure that the items shown on our Site are also actually available, we cannot guarantee that they are always in stock or immediately available as soon as you place an order. We reserve the right to refuse your order, if we are not able to process or carry it out. No liability whatsoever ensues from this for us.

2.3 Your order implies an offer made to us on your part to buy certain products and this offer is subject to our acceptance.

2.4 Prior to our acceptance, an automated confirmation e-mail may be generated about your order. However, such confirmation does not yet imply acceptance of your order.

2.5 Our acceptance only becomes effective and the agreement only comes into force at the time when (1) we explicitly accept the offer and we send your order or commence providing the Services and (2) we receive your credit card payment or other payment (“Acceptance”).

2.6 We do not archive your agreement. You yourself must make copies of the documents relating to your order and of these Terms and Conditions for your records.

Your obligations

3.1 You vouch for the information that you provide within the framework of placing an order being current, accurate and adequate to enable us to carry out the order.

3.2 In placing an order, you guarantee that you have legal competence to conclude an agreement.

3.3 You must advise us immediately of any changed or missing customer details. Furthermore, you must safeguard against unauthorised use of any access codes and details that we provide you for gaining access to the Site and/or for purchasing Products.

3.4 You understand that you are purchasing the Products solely for your own use and hereby declare that you are not a reseller of such Products.

Price and terms of payment

4.1

The sums payable for the Products are the prices applicable at the time of Acceptance. Although prices are shown on the Site or order confirmation, the definitive price is determined at the time of Acceptance.

4.2 Prices shown may be inaccurate due to programming or data transcription errors. If the advertised price is incorrect, or the consumer knows or ought to know that the advertised price is incorrect, , we reserve the right, as far legally permissible, to amend that price and to charge the correct market price.

4.3 At any time desired before Acceptance, we reserve the right to withdraw discounts and/or to adjust prices and fees in connection with cost increases, including, yet not limited to, increases in costs of materials, carriage or labour, increases or introductions of taxes, import and export duties or other levies, as well as changes in exchange rates.

4.4 The places where we are able to supply to you are indicated on the Site. Unless otherwise stated, the prices and fees indicated:

4.4.1 Exclude shipping and carriage costs to the agreed delivery address (the delivery costs are shown on the Site), and

4.4.2 Exclude VAT or other taxes or levies (if applicable) that must be added to the price or fee payable.

4.5

Payment, including VAT or other taxes or levies, must be made before shipment and in the manner indicated on the Site.

4.6 We have credit card payments debited when the Product is shipped or the service commenced. We reserve the right to verify payments by credit card before the time of Acceptance. The means of payment that we accept are indicated on the Site.

Delivery and risk

5.1

All delivery times and dates indicated on our Site, order confirmations, Acceptances or elsewhere represent only (non-binding) indications. While we will endeavour to achieve such delivery times and dates, we enter into no obligations to dispatch Products on a particular date and we accept no liability towards you or third parties in connection with any delays or not meeting the said delivery times and dates.

5.2 Delivery is made to a valid address, which you indicate. You must verify the Delivery Address on every confirmation or Acceptance and in the event of errors or incompleteness notify us immediately. We reserve the right to charge additional costs, if the Delivery Address changes after you have placed an order.

5.3

In case of force majeure and unpredictable events such as war, riots or strikes which materially

impede performance or delivery, Plenom A/S will be entitled to catch up on performance or delivery after the impediment ceases. If the delivery is delayed for more than four months, the customer will be entitled to reject delivery and to withdraw from the contract. The customer shall have no further rights or claims because of non-performance or late delivery, even if said impediments occur, after the delivery term has expired or Plenom A/S was in default.

Rejection, damage or loss in transit

6.1 At the time of delivery, you must check and inspect the Products to ensure that they are in good condition, are complete and in compliance with the description. You can return purchased Products to us in accordance with the stipulations in the “Returns Policy” that is indicated on the Site.

6.2 The risk of loss or deterioration shall pass to the customer upon delivery.

6.3. The costumer is obligated to accept delivered Products except for the case of essential defects. The customer is obligated to assert transport defects and to inform Plenom A/S within five (5) working days from receipt.

Warranty

7.1 This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Plenom A/S disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Plenom A/S does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Plenom A/S does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some countries do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

Limitation of liability

8.1

Plenom A/S shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Plenom A/S has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Copyright

9.1

The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the Danish and other copyright laws, and is the property of Plenom A/S. The collective work includes works that are licensed to Plenom A/S, Copyright 2017, Plenom A/S. ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Plenom A/S or purchasing products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Plenom A/S or to purchase Plenom A/S products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Plenom A/S. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

Trademarks

10.1

All trademarks, service marks and trade names of Plenom A/S used in the site are trademarks or registered trademarks of Plenom A/S.

Termination

11.1

These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Plenom A/S without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

Notice

12.1

Plenom A/S may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Plenom A/S

Miscellaneous

13.1

Your use of this site shall be governed in all respects by the laws of Denmark without regard to choice of law provisions. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Plenom A/S products) shall be in Denmark. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Plenom A/S products) must be commenced within one (1) year after the claim or cause of action arises. Plenom A/S’ failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Plenom A/S may assign its rights and duties under this Agreement to any party at any time without notice to you.

Indemnification

14.1

You agree to indemnify, defend, and hold harmless Plenom A/S, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

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